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CC Resolution 9017 RESOLUTION NO. 9017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AWARDING A CONTRACT FOR CONSTRUCTION OF THE CAMPBELL INN BRIDGE (PROJECT 01-07) AND THE CAMPBELL PARK BRIDGE (PROJECT 93-51); REJECTING THE LOW BIDDER'S REQUEST TO WITHDRAW ITS BID, AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE A CONTRACT IN THE AMOUNT SPECIFIED, AND APPROVING A BUDGET ADJUSTMENT WHEREAS, on July 1, 1996, bids were received for construction of the Campbell Inn Bridge (Project 01-07); the Campbell Park Bridge (Project 93-51); and as an additive alternate the Mozart Bridge (Project 95-10); and WHEREAS, George Bianchi Construction was found to be the lowest responsIve, responsible bidder with respect to the base bid; and WHEREAS, a contract was awarded to George Bianchi Construction on July 2, 1996; and WHEREAS, George Bianchi Construction has submitted a request to withdraw its bid; and WHEREAS, the contractor has failed to establish that it should be relieved of its bid in accordance with section 2-1.095 of the bid documents, and WHEREAS, the City Council adopts the attached findings; and WHEREAS, funding constraints tied to TDA funding for the Campbell Park Bridge and FEMA reimbursements for the Campbell Inn Bridge make it essential that the Campbell Inn and Campbell Park bridges be constructed this summer; and WHEREAS, construction requirements contained in the Army Corps of Engineer's permit require all work within the streambed be suspended between October 15 and June 1; WHEREAS, the price bid for the Mozart Bridge additive alternate is much greater than the amount of funds available; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby awards the contract for construction of the Campbell Inn Bridge (Project 01-07) and the Campbell Park Bridge (project 93-51), (excluding the Mozart Bridge (Project 95-10)) to Collishaw Construction, the responsive second low bidder, in the amount of $445,176. BE IT FURTHER RESOLVED that the City Council of the City of Campbell hereby adopts the attached findings for rejection of the request to withdraw its bid by George Bianchi Construction. BE IT FURTHER RESOLVED that the Public Works Director is authorized to execute a contract in the amount of $445,176.00, including a 10% construction contingency of $44,518, for a total amount of $489,694. BE IT FURTHER RESOLVED that staff is directed to prepare and process the required budget adjustment in accordance with the attached report, with additional funding to be provided from George Bianchi Construction's forfeited bid guarantee in the amount of $41,843. PASSED AND ADOPTED this16th day of July, 1996, by the following roll call vote: AYES: Councilmembers: Burr, Conant, Watson, Dougherty NOES: Councilmembers: None ABSENT: Councilmembers: Furtado Attest/! // ~ (,4z~A- Anne Bybee, CIty erk ;:?~~~ RO RT S. DO ER, MAYOR FINDINGS FOR THE REJECTION OF THE REQUEST FOR WITHDRAWAL OF BID BY GEORGE BIANCHI CONSTRUCTION In accordance with section 2-1.095 of the bid documents, the City Council does find as follows: 1. The Contractor failed to notify the City of its alleged mistake in bidding within five (5) days after the opening of bids; and did not specify in written detail how the alleged mistake occurred; 2. There is insufficient evidence that a mistake occurred; 3. The alleged mistake would appear to be due to an error in judgment or to the carelessness of the Contractor in inspecting the site of the work, or reading the plans or specifications. j:\0107fndgs